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miranda rights to the boston bombing suspect. but once they do, if they do, it changes a whole lot. and we have breaking news on this. moments ago, guess who wants to represent the defendant? we'll tell you next. >>> plus, the now dead suspect has recently -- had recently promoted the rantings of a radical cleric who calls on children to defend islam, and to be taught there is nothing better than wanting to die as a martyr. we'll ask who the shaikh is and find out what was posted on the older brother's youtube channel which are chilling. and do you know your... blood type? a or b positive?? have you eaten today? i had some lebanese food for lunch. i love the lebanese. i... i'm not sure. enough of the formalities... lets get started shall we? jimmy how happy are folks who save hundreds of dollars switching to geico? happier than dracula volunteering at a blood drive. we have cookies... get happy. get geico. fifteen minutes could save you fifteen percent or more. polaris has what you wan legdary atvs led by the powerful sportsman 850 ho. value-minded side-by-sides featuring the new ranger 80
was read his miranda rights. the special agent who filed the complaint would that according to surveillance footage. younger suspect lifted the phone to his ear shortly about before the second blast. after he finishes you see people around him react to the first explosion. bomber two virtually alone in front of the individuals in front of the restaurant while he appears calm. he walks away without his knapsack, having left it on the ground where he had been standing. approximately ten seconds later an explosion occurs in that location where bomber two had placed his knapsack. and another major development, the white house said it would not designate the suspect an enemy combatant. we will have more on the legal aspect of this coming up later this hour. as of this hour dzhokhar is in serious condition. he is unable to speak because of a gunshot to the throat which we believe was self-inflicted. he's communicating by writing and nodding his head. as authorities move forward in a of in their investigation, tritening information about the radical past of the brothers is in fact emerging. both t
't -- he shouldn't be mirandaized right away. i know you agree with them. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were pl
they would be treating him as an enemy combantant . was signal would by not reading the miranda rights when they captured him. it could mean that and could mean the opposite of that. in the meantime eric shaun has the latest from boston right now. >> hi, neil, they could be filing them under a civilian case under those chargeless. federal charge of at the same time state murder charges and that's what sources are telling fox newings, the reason he was not given the miranda rights is that under the law, under a approximate exemption that has to do with immediate threats to the police or public. there is a part of the law that said you don't have to give miranda rights to a suspect to immediately protect the police in a life or death situation. the idea is that when they got him in the boat, they don't know if there are other plots or bombs or devices that the brothers had allege wouldly planted. that was a way to get immediate information about the type of threat they may have posed. dzhokhar remains here in the hospital in serious condition. he lost a lot of blood and suffered two gunshot w
, everyone grows with racle-gro. >>> there was no miranda warning given. that they were claiming a public safety exception. could we get an explanation for that. >> there is a public safety exemption in cases of national security and charges involving acts of terrorism and so the government has that opportunity right now, though i believe that the suspect has been taken to a hospital. >> you heard it right there. no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it
understand if he is indeed conscious and does survive before reading him miranda rights; is that correct? >> i believe molly line will be talking about that a little bit as well. there is a loophole. there is a way they don't have to. so he was not read his miranda rights to allow to ask questions of him. we don't know if questions have been asked. they may have asked questions of him when he was under the situation he was in, of course being pretty seriously injured. they do believe he is going to make it. that was something, not only important for them to do that because that is what we do in this society but important because of this investigation. last night we were told he was being brought here for treatment. we weren't too far behind the ambulance. as you made your way through boston, you could see many of the businesses reopened. you saw restaurants and bars reopened. at one point there was a small college and 500 students had gone into the streets and blocked off all four lanes cheering, holding signs and as first responders and medical teams came through that had nothing to do
condition. a lot of talk about miranda. michael you prosecuted richard reid the shoe bomber in federal court. how unusual is it to not read miranda warnings? >> case specific. if there is an imminent public safe itty concern they should exercise the miranda exception under public safety and try to get as much information as they possibly can in order to protect the public. i think it is perfectly legitimate under these circumstances. >> judge jeanine: jay, to you when we talk about the public safety exception here. how long is that exception good for are? how long can they go without reading him his rights? >> there is no definitive statement but most people believe it is 48 hours. you a situation here where the distort accused is not conscious are in to even speak so 48 hours. points to a fundamental problem with thinking about mir randiesing. do we want a prosecution or an investigation to determine how deep the terrorist links might be and whether there were additional plans for terror activity. an awful load of weapons that the two possessed. the situation with the travel to russia. all
. as you know they didn't read miranda rights because of a public safety exception. he will not have the right to remain silent for a couple of days to try to find out if there are more plots. they agreed with the decision but they put out a statement, senator lindsay graham and john mccain and peter king that went on to say, however, limiting this investigation to 48 hours and exclusively regularly on the exception to miranda could limit our ability to gather critical information about future attacks from this suspect. bottom line is what knees republican lawmakers are calling for is the suspect be officially classified as an enemy combatant. not that he would face a military tribunal but the interrogation could go on longer an couple of days. there may be some people in the administration that believe such a long interrogation could taint the eventual prosecution in a civilian court. there will be a healthy debate about this in the days ahead. for now, they focusing on a great sense of relief, not just in boston but here in the white house, in the early stages of the investigation.
his miranda rights, read miranda rights just getting that as you were wrapping up. adam housley live in boston. adam, thank you. investigators are furiously trying to track down the terrorism connection to this case. and they are focusing on a trip, the older brother made last year. chief intelligence correspondent catherine herridge is here tonight with an update on that. good evening, catherine. >> thank you, bret. some of the most compelling evidence and preliminary evidence comes from surveillance video and one eyewitness during that carjacking thursday night before a shootout with police one of the brothers said, quote: did you hear about the boston explosion? i did that. court records filed monday show the tsarnaev brothers walked into boylston street together 11 minutes before the explosions, each with a backpack. they split up. one heading for the finish line and the other toward the forum restaurant, the site of the second explosion. 30 seconds before the first blast. the started fidgeting with cell phone after the blast almost everyone turned around, quote: apparent bewil
going that route. >> shepard: he matter of reading him his miranda rights. the right to remain silent. there's an exception put into place in 1984 and the intent was, what if somebody placed -- for instance, placed some bombs out there, brought them into custody but more bombs are about to go off you need them to be compelled to speak right now. while waiting to read them their miranda rights. that's an ambiguous thing. do you have a sense now that period of time, whatever it is, has passed and it's time for us to deal with the constitution? >> the theory behind this exception is that the puck is at risk, and the public is so much at risk that the potential defendant's constitutional liberties must be negated. but that doesn't make sense what the same people i just tick off said, the governor, mayor, police, and police commission economy head of the fbi, all said on friday night, boston's back to normal. the public is no longer at recollection. they can't have it both ways. >> shepard: they're trying to. >> can't claim bostones back to normal and the public is not at risk and then say
with as a consequence as an enemy combatant or enemy belligerent which would involve delaying his miranda rights. >> you don't want to turn over intelligence gathering over to a criminal attorney. under the law, there is no right to legal counsel when you are egg being questioned for national security purposes. i hope the obama administration will allow us that and they have a bad track record. >> and this is not the course the administration will take. they will take reading him his rights after national security exception has run out and prosecuting him in a federal court as well. >> molly: thank you. >> megyn: more breaking news. news reporting that federal charges have now been filed against the surviving suspect. though they are reportedly being filed under seal. that means we don't get to see them. they will have to let it's know what the charges are but perhaps not all the supporting information. in a case of this magnitude there is no way they are going to keep the charges private and not public. in other words, what exactly has he been charged with? a terrorist act, using weapons of mass destru
can he be questioned before the public safety runs out, most say 48 hours. once under miranda he is under no obligation to cooperate with authorities. >> remember the number one goal right here is to get inside his head and get whatever intelligence he has with any operatives in the united states to protect the homeland and protect americans inside the united states. >> reporter: speaking this morning on fox news, former u.s. attorney general alberto gonzales suggested being mirandized will not necessarily close off the flow of information from tsnaraev. >> we have something we can give him which is his life. for example, taking the death penalty off the i believe at that. there is possible some kind of deal would be made where he provides information and in exchange for that the government gives him some kind of a plea agreement. >> reporter: gonzalez suspects what may be happening now is in the obama administration is a quote, interagency scrum where some are pushing for a quick mirandizing. others may be advocating a delay so as much information as possible can be garnered, ma
'll give him a lawyer, lawyer up, get miranda. >> oh, yeah. now, a couple of things about that. they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try to get all of the information from the person and it may come back to bite them because some jurisdictions don't see it that way. >> absolutely right. in some places if you're a dangerous offender you get a long exception. in others, it doesn't matter how dangerous you are, if police basically rendered you-- >> what should happen. if we identify the person what do you think as a doj think next. >> in the person fits the definition of enany combatant, al-qaeda affiliate or someone we're at war with, that presiden
miranda rights and there is it a safety exception that allows you 48 hour to see if there is any bombs that may be connected with the attack. under the law of war, an enemy combatant and someone who takes up arms against this country, including an american citizen can be held for intelligence purposes without a lawyer and miranda warningings. the best way to get information from the suspect is hold him as an enemy combatant. it a terrorist attack and not a common crime. in 30 days he would be presented before a federal judge and the judge could review the case that the government has. i am urging this administration, please do not lawyer him up tomorrow night. you have under our statutes and supreme court cases,le authority to hold him as an enemy combatant ting gather intelligence about what is coming our way in the future. >> there is great relief in boston today but a lot of people are concern body what might be to come whether it is it inspired by the actions or a connection, we really don't know the answer to that question yet, do we senator? >> it is impossible between now and to
and no miranda issues and question him forever . i would like to see that and i generally think it is it the better way to go here. you could question him forever and he already made a confession that is admissible to the guy they kidnapped. as far as i can tell, the guy they kidnapped he and his brother confessed they were the guys who did the bombing. >> but neither he nor his brother wanted to kill themselves . that distingished them from the cazer terrorist. >> when we were talking we didn't know what he would do. it is interesting to me that he had plenty of opportunities to kill. he was not rushing to the 72 virginings . maybe he was not sure of that process. >> do you are it a terrorist incident? >> absolute >> do you find the ft. terrorism. >> i think the administration handled this as well as they could. >> why is the case of ft. hood. >> it is a travesty. it may be a clearer terrorist incident than this is. this guy in the american military went over to the other say and working for the jihadist. we promoted him in the military because political correctness affects us
suspect is not, not entitled to his miranda rights. they want dzhokhar tsarnaev to be treated as an enemy combatant. and the transit police officer injured in a shootout with the suspects remains in critical condition. don't forget about this hero. officer richard donahue being treated for a single gunshot wound. meanwhile, authorities are still looking at another disaster further south, way further south, trying to get to the bottom of what caused that blast at the fertilizer plant in west, texas. fox'sdom nick is there with the -- dominic is there with 14 dead. >> 200 injured. we understand from the authorities that 14 bodies have been recovered. they do not expect that number to rise much, if at all. 13 critically ill in hospital. it's unclear now on day three after the disaster how many of those will pull through. they think most of them actually will. the bodies of those that have been recovered from the site here in west have been taken to dallas for forensics. those that were most closest to the epicenter of the site, difficult for them to identify. however, these are some of the f
be read his miranda rights. moving past the politics of it because it seems to get a little poe lit kal, as a former member of fbi how does whether or not the suspect is read his miranda rights influence or impact your investigation? >> it really becomes irrelevant. good report-based interviewers and interrogators who are the ones most effective. the fbi doesn't do that because we're nice. we do that because it worked. in reported based interviewers miranda they can read that and continue. it is not a major obstacle. it is almost irrelevant. jenna: really? we're hearing a it is a major issue whether we get to the bottom of this investigation. so what should we consider as we continue to hear the debate ongoing over the next several days? >> it doesn't, it really doesn't make that much difference to the interviewers and especially the particular group of profile he is -- profilers they developed at quantico, at the fbi academy. this is not terribly relevant. they can sit down with the people. they can interview them. they look for behavioral cues. they look for a way to establish a relat
tsarnaev the 19-year-old surviving suspect be interrogated. should he get his miranda warnings against self-incrimination. tried in a is civilian court or military tribunal. before we go there let's start with the latest from the scene and why craig and a i immediately recognized the pressure cooker bombs. we have seen them many times before. here is craig's crime time report. >> reporter: the quiet streets of watertown became a war zone as the boston marathon bombers made their last stand here. homes can be seen riddled with bullets. this black mark from a pressure cooker bomb, one just like the one that was used to kill three people, wounding 180. >> there was two cars. black suv and a green looked like honda accord. had some bags that he was one of the guys was lighting things and throwing them. had fuses and they would explode but you also lots of shoot going on. >> brothers dhokhar 19 and 26-year-old tamerlan starr tsarnaev add to the marathon death toll, killing police officer shawn collier in cold blood. >> the police officer that was killed you said it was a massacre. >> assassinati
suspect as enemy combat tant. remember, he wasn't read his miranda rights. what would it mean? and why is it important? the constitutional attorney will weigh in on this when we come back. morning, brian! loveour passat! um. listen, gary. i bought the lt one. nice try. says right here you can get one for $199 a month. you can't believe the lame-stream media, gary. they're all gone. maybe i'll get one. [ male announcer ] now everyone's going to want one. you can't have the same car as me, gary! i'm gett' one. nope! [ male announcer ] volkswagen springtoberfest is here and there's no better time to get a passat. that's the power of german engineering. right now lease one of four volkswagen models for under $200 a month. visit vwdealer.com today. the battle of bataan, 1942. [ all ] fort benning, georgia, in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve the military, veterans, and their families is without equal. begin your legacy. get an auto-insurance
of the boat. are. >> no miranda warning, could you explain that for us? >> the united states attorney or the fbi may want to explain that. it is a federal issue. >> what are the extent? -- >> let him finish the question. >> no, did not. >> what is the question? >> the reports are are that there was no miranda warning given and they were claiming a public safety exception. could we get an answer to that? >> there is a public exception in cases involving acts of terrorism and the government has that opportunity right now. though i believe that the is suspect has been taken to a hospital. thank you. >> what are the conditions -- >> i'm sorry? >> will you seek the federal death penalty. >> i indicated earlier this is still an active and ongoing investigation. we will be reviewing all of the evidence before that kind of a decision is made in terms of whether or not to seek the death penalty you review all of the evidence and it is a very thoughtful long process that is engaged and it is the attorney general of the department of justice that makes that final decision. >> i'm sorry? >> went
supremacy which is bigotry. the miranda issue. you have got the fbi. dropping the ball. there is one thread that runs through all of this. that's the subshush yans to political correctness. it's a paralysis by a terrorism of thought. it's a tyranny against common sense. and it goes back to what i call islamophobia phobia. when you are told if you see something, say something, islamophobia is the opposite. if you see something, say nothing. because you might lose your job. that's what informs what's been going on with the fbi and lures in people. they are scared to say anything. let me finish. i think this could really help the progressive left if they stop thinking of these guys as terrorists and started thinking of them as something far worse. bigots. they are muslim supremacists. if you think the kkk is evil. amanda palmer, the singer, if you think that is evil. the muslim supremacists are evil. maybe you should write a song about the kkk. one last point. we hear about these things about the old brother being the ringleader, mom thinking he was framed. he is only 19. i don't care. could y
shouldn't be mirandaized right away. i know you agree with them. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense
gathering purposes since he's been president. when we read these people their miranda rights and give them a lawyer the only way you can gather intelligence is if the terror suspect and the lawyer will allow you to do so. intelligence gathering through plea bargaining is not going to make us safe. jenna: so we spoke to a former member of the fbi on our show yesterday that seems to not have a problem with miranda rights, that is their opinion. we'll see what they get as far as information from this one suspect. >> can i mention something. jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to
is remote. >> right. you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the police needed to know where it was. they asked the guy they just caught where's the gun before where was the gun? >>> they asked where is the gun. >> be that as it may you have a public defender in boston who is chomping at the bit to appoint a federal judge to defend the suspect. you could reassign a public defender is he or sheable to come in and say i don't want you talking to my client? >> he or she can say that. it's not going to stop this trying to do is to collect intelligence. i'm sure that if that's what they're trying to do, they will simply continue to do it, and gather only
washington, the decision to read the boston bombing suspect his miranda rights. last hour, lindsay graham and kel i iote said is there is no way a defense lawyer is going to let dzhokar tsarnaev talk any more without taking the death penalty off the table. he has been in custody for 60 hours which the feds decided to read him his miranda rates. joining us is mercedes cowlin and you had such different reactions to this. right is ticked off that his miranda rights were yesterday red to him. he can't speak we're told like a one word, yes or one word no, the left is ticked off it took him as long as it did to read the miranda rights. >> first of all, i to give kudos for calling it an act of terrorism to the obama administration like they called hassan workplace violence. bottom line, if they don't want to use the statements a this guy makes in a criminal prosecution, they can ask him questions all day long without murnd. they can do it after he gets a lawyer as long as a clean team, a team that is is not involved in the criminal prosecution goes in and asks intelligence related questions that
without miranda, this is because federal authorities were able to implement the... the national threat exemption. and that will allow them to continue to question him. now, just on the other side of the police tape is a spontaneous celebration, beginning with people huddled around the radios, wanting to hear the latest information h. they got the information they wanted, cheers would erupt. ultimately, they lined both sides of the road and cheered for the emergency vehicles as they were leaving this scene. the tactical teams, the police officers, the national guardsmen, all got cheers. the crowd would erupt and chanted u-s-a! u-s-a ?ft and patriotic songs, as the people here endured so much the last couple of days, very glad to see this chapter of the trag fee tragedy is over. >> we will see you again. >> what is next here? joining us now, the criminal defense attorney, james shalloc, familiar with cases involving multiple murders. he prosecuted son of sam killer, david brcko wits. i have to think, the most powerful evidence may be the videotape, the day of the bombing. it not only sho
, they suspended his miranda rights for a 48 hour period and decide whether or not to seek the death penalty -- listen to this from last night as well. >> this is still an active and ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is engaged and it's the attorney general of the department of justice that makes that final decision. >> martha: all right. so there you have that. let's bring in fox news legal analyst peter johnson, jr. peter, welcome. >> how are you? >> martha: that's the u.s. attorney on this case in boston. she says it's too early to talk about death penalty. >> i was really surprised and disturbed as an american and as a lawyer in watching that last night. you couldn't think of a more weak insip mid remark that she was making. the charges that will be filed in this case, i haven't seen them, but i can approximate what they are -- are death penalty charges under federal law, including u
, as well. mccain and graham says the injured suspect is not entitled to his miranda rights. they want him to be treated as an enemy combatant. it's a non-debate for him. the mother-in-law she is sickened by the horror inflicted. the family realizes now they never really new tamerian tsarnaev, the suspect number one and cannot begin to comprehend this tragedy. we are all over the developments including something going on in the city of chicago. more on that in a second. here is what we got for you now. mike tobin in watertown, massachusetts. what is the latest on the investigation there. ed henry at the white house responding to all these crosscurrents everywhere. to eric shawn where the injured suspect remains not surprisingly under heavy guard. mike? >> reporter: neil, this is the i dill i can neighborhood where it came to an end in a blaze of gunfire. the view of the helicopter pilot had there was someone hiding in that boat. he was wounded and bleeding, dzhokar tsarnaev half an hour from the cover of night that could have allowed him to move again. there were federal agents and guns dr
along this evening. should the captured terrorist lying in boston get miranda rights or should he be classified as an enemy combatant? later, bernie goldberg on how the media scoferght story. including the giant cnn screw up about an arrest that never happened. hope you student to those >> bill: unresolved problem segment tonight, two very intense questions coworker the at that point cured terrorists now being treated in the boston hospital. should he be given miranda rights and should he be classified enemy combatant to take him out of the civil system as far as interrogation is concerned. white house says it will be a civilian case but should be be? joining us from national tennessee albert toe gonzalez under president bush the younger. so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white h
and lucid enough to get his miranda rights read to him, also thoughts he shot himself through the neck, that's been really brought into question now, as an eyewitness there to help take him down, looks like a cut or maybe something exploded, a shrapnel cut, those that the boston marathon, those that suffered during the explosion. he said i'm motivated by religion, that religion being islamic extremism or islam. he went on to say i have no outside ties. i'm not part of a larger group. isn't that convenient. >>steve: both brothers went to a mosque in cambridge. it was the older brother. clearly the younger brother was following the older brother in life in so many different ways. we told you a little bit yesterday about some of the outbursts the older brother had at the mosque in cambridge. for instance, back in november where they were talking about it was okay for muslims to celebrate american holidays like thanksgiving and the 4th of july and tamerlan, the older brother, stood up and argued. then in january there was a praise for martin luther king jr. and he got up and called someone a hyp
, should dzhokhar tsarnaev be treated as a criminal, or treated under the miranda rule and read his rights and given a lawyer or treated as enmyth combatant with no such protections? >> i believe strongly the former. that is the only legal way to proceed. i do not believe under the military commission law that she is eligible for that. it would be unconstitutional to do that. one of the great things in america we come together at times of trial. i very much regret the fact that there are those that want to precipitate debate whether he's enemy combatant or whether he is a terrorist, murder, et cetera. federal law, we have had 435 terrorist convictions. under federal law. we had 100-plus arrests. maybe half a dozen under the military commission. this is clear to me that the course that can be taken, the high value interrogation group. they are skilled and they know how to do this. the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. there is time to do the investigation, to make a clear assessment and move from
despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with authorities in exchange for sparing his life remains an option. >>> the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question was tamerlan tsarnaev involved in a 2009 triple murder. molly, we also hear that there is good news today about the victim. >> good morning, heather. two in critical condition. doctors are telling us everyone now in the hospital are expect to do survive. there were 14 patients that lost lefshs. boston medical center say many are up and walking and they are preparing for a massive exodus as they call it to rehab. many recoveries underway. investigators are looking to speak with suspect number one's wife tamerlan tsarnaev was married to katherine russell tsarnaev. they met in college in 2010 and sometime around that time converted to
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have communicated with. >> it's ong
asked if he understood what was happening. his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information that they considered valuable and helpful? >> reporter: we learned a cowl of things. 1; yes, there were questions asked of him. the first few hours if not more than that, they were worried about making sure should thguy survives. he got here on friday night in pretty bad condition. he bled from injuries nearly 20 hours. he was obviously in rough condition. so the number-1 priority was to make sure he survived to get information from him. questions were asked of him before he was mirandized. they haven't said of course, they are not going to give away what he sa
. and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he was taken into custody? and it he give them information that they considered valuable and helpful? >> we learned a couple of things. yes, there were questions asked of him. the first few hours, if not more than that, obvious think they were making sure he survived so you had that situation. he got here friday night in pretty bad condition. he bled for nearly 24 hours and then the fire fight at the boat. the number one priority for them was to make sure he survived so they could get information from him. questions were asked of him before he was mirandized. they haven't said, of course, because it's part
to know and interrogate him at this point without reading him his miranda rights. i want you to meet a former deputy assistant director of the fbi's counterterrorism division. you handled practically every high profile case of bombing that we've seen in this country, including the unabomber case and the olympic bombing. thanks so much for being with us. >> good morning, jamie, you're welcome. >> we had chance to talk in the middle of the night the other night. >> we did. >> now we can reflect. we have the suspect in custody. it seems to me this is a huge investigation still, even though there's tons of evidence. you have multiple crime scenes, multiple devices, and a million questions. what will the fbi want to know first? >> well, now the investigation really gets underway, and we talked last night in the middle of the night about the search for the subjects, but now we're really going to focus in on how did these people live? how did they exist? what were they doing in the months and the years preceding these bombings, and particularly in the weeks and days before they actually com
-value suspects is standing by to question him. officialsofficials have said thl not read him his miranda right, invoking the rare public safety exception. dozens remain hospitalized. the death toll is 3 people from the bombing and 1 others wiewbed. they are also believed to have shot a police officer, marking a forth killing. "fox news sunday" is right after america's news headquarters, and there will be more on boston police commissioner. the investigation enters a new phase as agents focus on getting answers from dzhokhar tsarnaev to questions like and how why and continuing to investigate whether anyone else was involved. michael sullivan is very familiar with these kinds of investigations, he is a former u.s. attorney who prosecuted would-be shoe bomber richard reid. thank you for joining us today. >> you're welcome, shannon. >> shannon: put on your legal cap for the first couple of questions. how do you think it's appropriate to best treat the suspect to really bar future legal challenges against any information that the government could get from him at this point and stay within the conf
to not read him his miranda rights immediately so he doesn't have the right to remain silent to make sure there is no other plot out there. and senators put out a statement saying we remain under threat from radical islam and hope the obama administration will consider the enemy combatant option. that means is that this suspect if recovers could be spent down to the military court system. the president signaled the open it? a statement saying what he believes distinguishes america is that we have our own civilian court system. so he's getting pressure tonight he is signaling he'll probably put him, if he survives. >> ed henry live this saturday morning. last time we heard from authorities the news was not good. authorities came to the microphone, told people they'd not been able to find a second suspect they were lifting shelter in place order but there are questions about this this investigation was going and then, just minutes later they located a second suspect in watertown. the area they'd been combing all day long. mike tobin with news he's live this morning. mike, end of this thing
with recovering right now. he's now arrested he was not read his miranda rights. federal agents electing, instead, to invoke the public safety threat exemption. th allows them to continue questioning him. meantime, on the other side of the police tape, as everything was happening here, of the celebrations were building. people were huddled around radios, as they got news they wanted to hear, cheers went out from the people of this little town, watertown. and after it was all done, a great cheer went out and spontaneously the people elected toine both sides of the road. forming a gauntlet, a makeshift parade as the emergency crews and tactical teams started leaving this location. they cheered for them, came out with patriotic songs. some of the people said they're glad it's over, they're glad that the suspect survived because he can be questioned. they also said that now is the time to remember people like sean collier, the massachusetts institute of technology campus policeman who was killed in the early stages of that frenzy and chase that ensued a day or so ago. and richard donohue who is fight
of people have been talking about miranda and the public safety exception. i don't want to spend a lot of time on that. when the police announced that the public threat was over, once dhokhar was taken into custody, then, you know, doesn't that suggest that the public safety exception doesn't kick in or has been nullified? >> the public safety exception is in no way in my view applicable in the case. that was designed for a sequestration where there was a gun in a public place and the police needed to know where it was. >> judge jeanine: he had an empty who willster an holesters where is the gun. now, if a judge agrees to assign a public defender, is he then able to come in or she and say i don't want you talking to my client? >> he or she can say that. it is not going stop this process. because what they are trying to do is to collect intelligence. and i'm sure that if that is what they are trying to do they will simply continue to do it and gather only in it tell against and not disclose it to anybody who is working on the case or trying the case. they will put up what is called a ch
noth get his miranda rights. even though right now there's a public safety excmondtion thado going t in 48 hours and then he can >> that is what happened to the marathon bomber. he was a foreign citizen. he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were deemed enemy combatants. pl hosea padilla for one but in the case of him they have not found any link to an al qaeda linked group and therefore no court in the u.s. would necessarily rily uphold the president as r in commander-in-chief in designating him as enetinue ould combatant. this would be shaky i am told by experts.lleged even if he is deemed an enetinu he watant he has a right to an attorna
understand he has not been read his miranda rights, even if he can talk. what's the latest from the hospital? >> the latest official word from the hospital and through the f.b.i., the official channels releasing information is he's in serious condition and within the last 24 hours, that he's also in stable condition. so he is under the care of the physician here, clearly under heavy guard. we know he was shot in the throat because senator in the select intelligence committee has also given that information out. but that's really what we know for certain at this point in time. >> gretchen: there is this report this morning that maybe that throat wound was from an attempted suicide when the police were closing in on him, as you can see from the thermal imings of him in the boat friday night. what have you heard about that? >> well, that information doesn't come from the positions here -- physicians that are treating him and would have the closest eye view of his wounds. they're keeping all of his information to themselves as they're required to do by law and the f.b.i. not releasing that throu
decided not to read him miranda rights. he's not getting that. feds are envoking an exception to the rule and already the american civil liberties is slamming that decision . we must not waiver from the tried and true judicial system. we'll break down the complicated legal issuings. criminal defense attorney heather hanson is wherulse. >> you catch somebody who might have left a bomb somewhere . you want to keep them safe and question them right now for the public safety. >> that times passed hasn't it. >> the law was in 1984 . that is what it at that time. since then specifically after the times square bombing in 2010, >> attempted. >> the f.b.i. put out a memo that addresses the terrorist cases that they could expand the time in which they can question a suspect without reading them their rights. the question is how long of a time is there. we don't know the answer. >> was it not the letter of the law. but was it the intent of the law to stop an imminent threat against the people. for instance times square bomber had blown something out there and had blown something that the authorities
incriminating evidence against him, there will be a necessity to advise him of his miranda warnings. they are probably discussing the timing, the first priority to protect the public. but they don't want to jeopardize their case. but there is no much evidence, my guess that will be a lesser consideration in their deliberations. >> you are right. the public safety exemption-- the interrogation has to be limited and focused. but that's not the case if he were to be declared an enemy combatant. now senator lindsay graham says he should be declared an enemy combatant so a thorough interrogation, a lengthy one without limits could be undertaken. would you agree with that? >> i know, i think it's hard to judge from a distance, without greater information. so, no, i wouldn't be calling to treat him as an enemy combatant without more information. the consequence is, you treat him like an enemy combatant, you may have a longer interview that may or may not give you better information than if you mirandize him. but it poses a real problem, in terms of prosecutes him and bringing him to judge.
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